HomeMy WebLinkAbout17-Information Technology
e
e
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Tom Marek,
IT DIRECTOR
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
. AUTHORIZING THE EXECUTION OF
AN AGREEMENT AND PURCHASE
ORDER WITH TWO ONE-YEAR
RENEWAL OPTIONS TO ACCUV ANT
INC. FOR MAINTENANCE OF THE
CITY'S SIDEWINDER FIREWALLS
AND SPAM AND WEB FILTERING
SOFTWARE FOR PROTECTION OF
RESOURCES ON THE CITY'S
INTRANET.
Dept: City Mgr.nnformation
Technology
Date: August 28, 2007
MlCC Meeting Date: Sepl17, 2007
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt resolution.
~~~
Signature
Contact person: Tnm M..rAIe Phone: ~A"'_"Q"'7
Supporting data attached:Staff Report Agreement \/liard.
FUNDING REQUIREMENTS: Amount: $26,803.00
Source: (Acct. No.)
679-251-5172
(AI""M nI:lCt,..riptinn) ~qllirm~nt M!:Ilintl:ln~n("A
Finance:
Council Notes:
Agenda Item No. J 1
'/J1/tJ1
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement and purchase order with two one-year renewal options to Accuvant
Inc. for maintenance of the City's Sidewinder firewalls and spam and web filtering software for
protection of resources on the City's intranet.
Background:
Unix based Sidewinder firewalls have been used at the City of San Bernardino since data
networks have been used at the City. Over time, spam and web filtering software have been
added. In years past these items (device maintenance and software maintenance for the firewall,
spam filter and web filter) have been on separate purchase orders. They have now been
combined and represented here. The sole source vendor (Accuvant Inc.) is the reseller designated
by Secure Computing (the original equipment manufacturer for the firewalls and software). This
agreement and purchase order with two one-year options includes up to a 10% increase per
renewal year.
e Financial Impact:
The annual cost for software maintenance of the City's Sidewinder firewalls for the Fiscal Year
2007/2008 is $26,803.00. The amount for fiscal year 2006/2007 was $38,564.00 for a decrease
of $11,761.00 in fiscal year 2007/2008. This cost reduction is due to our prolonged partnership
with Accuvant Inc. and Secure Computing (the firewall manufacturer). The same level of service
will be purchased as in previous years.
Recommendation:
Adopt resolution.
e
e
e
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT AND PURCHASE ORDER WITH TWO ONE-YEAR RENEWAL
OPTIONS TO ACCUV ANT INC. FOR MAINTENANCE OF THE CITY'S
SIDEWINDER FIREWALLS AND SPAM AND WEB FILTERING SOFTWARE
FOR PROTECTION OF RESOURCES ON THE CITY'S INTRANET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I: That the Director of Finance or hislher designee is hereby
authorized to issue an Annual Purchase Order with two one-year renewal options,
including up to a 10% increase per renewal year, to Accuvant Inc. (the sole source
provider for maintenance) in an amount not to exceed $26,803.00 for Fiscal Year
2007/2008 for maintenance of the City's Sidewinder firewalls, spam filtering software
and web filtering software. Future year renewal options shall be contingent upon
funds being approved in the City's budget for this service.
SECTION 2: That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Accuvant Inc.. a copy of which is attached hereto and incorporated
herein as Exhibit '"A".
SECTION 3: This purchase is exempt from the formal contract procedure of
Section 3.04.010 of the Municipal code, pursuant to Section 3.04.01O(B)(3) of said
Code, '"Purchases approved by the Mayor and Common Council".
III
III
III
III
III
e
e
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCHASE
ORDER WITH TWO ONE-YEAR RENEWAL OPTIONS TO ACCUVANT INC. FOR
MAINTENANCE OF THE CITY'S SIDEWINDER FIRE WALLS AND SPAM AND WEB
FILTERING SOFTWARE FOR PROTECTION OF RESOURCES ON THE CITY'S INTRANET.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting thereof. held on the day of ,2007, by the
following vote, to wit:
Abstain
Absent
Council Members
Nays
Aves
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel G. Clark, City Clerk
day of
,2007.
The foregoing resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
James . Penman, City Attorney
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of September 2007,
by and between Accuvant Inc. ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the maintenance and support of Sidewinder
Firewalls and spam and web content filtering; and
WHEREAS, the City of San Bernardino has determined that Accuvant is the sole
source vendor for the maintenance and support of Sidewinder Firewalls and spam and web
content filtering.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on Quote # QT-27401 and
incorporated herein as Exhibit "B".
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $26,803.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; TERMINATION.
The term of this A.greement shall be for a period of one year with two one-year renewal
options.
This Agreement may be terminated at any time by thirty (30) days written notice by
I
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
tit
tit
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
workers' compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
2
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant io Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses, or shall obtain and maintain, a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license,
permits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
9. NOTICES.
3
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Fred Wilson, City Manager
300 North "D" Street
San Bernardino, CA 92418
United States
Telephone: (909) 384-5122
TO THE VENDOR:
Scott Bigham, Account Manager
Accuvant Inc.
2121 Rosecrans Ave.
Suite 3320
El Segundo, Ca. 90245
United States
Telephone: (951) 817-1240
10.
A TTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
4
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
5
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
VENDOR SERVICE AGREEMENT
Accuvant Inc. and the City of San Bernardino
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
ACCUV ANT INC.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
6
AccutANT
e ~
Accuvant Inc.
2121 Rosecrans Ave.
Suite 3320
EI Segundo CA 90245
United States
www.accuvant.com
r:::;~,~~:.'~m'
Accuvant Inc
621 17th Street
Ste 2425
Denver, CO 80293
Quote
Date 4/9/2007
9!'~te # _QE27401
Expires, 5/9/2007
Terms Net 30
---~_._-.
Acc.ounl.M.snsger Scott.Bigh~_.__. _. .
AcctMgrPhone (951)817-1240
__._.____._~_.______'___H___U
._____.___A.."CI Mgr F'!.x.J.310L356-3250
Acct Mgr E-msll sbigham@accuvanl.com
Accounts Payable
City of San Bernardino
300 N. D St
San Bernardino CA 92418
City of San Bernardino
Altn: Larry Martin
300 North 0 Street, Basement
San Bernardino CA 92418
909-384-5947
Martin _ La@ci.san-bernardino.ca.us
CMAS Pricing -Contract Number 3-02-70-1786A
SWLC-ASP-1K-4999-1
2
SWTS-SPRD-ll00-12
SFCL-1K-2499-12
1000 Anti-Spam & Anti-Fraud for Sidewinder G2,
1000-4999 Users, 12 Mth Subscription
2 SecureSupport Direct, Sidewinder G2 Appliance,
Model 1100C & 11000, 12 Months
1000 SmartFilter, 1000-2499 Users, 1 Year Subscription
10.28
3,571.05
9.38
10,280.00
7,142.10
9,380.00
e
_ Unless specifically referenced by line items above, this Quote does
.. not include tax or shipping charges.
Total
$26,802.10
EXHIBIT "B"